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Missouri · Through 2026 legislative session (floor)

Mo. Rev. Stat. § 509.140: Averments as to capacity or authority of parties to sue or be sued.

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Where this section sits in the code
  1. Title XXXV - CIVIL PROCEDURE AND LIMITATIONS
  2. Chapter 509 - Pleadings

It shall be sufficient to aver the ultimate fact of the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or of an organized association of persons that is made a party. When a person desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. When a party so raises such issue, the burden of proof thereon shall be placed upon the opposite party.

Collected 2026-09-03T22:23:28Z. Source file · JSON

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